Division 7 — Warrants, arrests and commitments
Address of warrants
31.  A warrant of seizure issued under the provisions of Part 13 or 17 of the Act must be addressed to such officer of the High Court, or to the Commissioner of Police, as the Court may direct.
Warrant under section 274 of Act
32.  When a person is arrested under a warrant issued by the Court under section 274 of the Act, the officer arresting the arrested person must —
(a)where the Court has authorised the arrested person to be kept in custody, give the arrested person into the custody of a Superintendent of Prisons; and
(b)lodge any books, papers, records, moneys or goods in the arrested person’s possession which have been seized with —
(i)in a case where the arrested person is an undischarged bankrupt — the trustee of the bankrupt’s estate; or
(ii)in every other case — the Official Assignee.
Warrant under section 334 or 335 of Act
33.—(1)  When a person is arrested under a warrant issued under section 334(3) or 335(15) of the Act, the officer arresting the arrested person must —
(a)immediately bring the arrested person before the Court in order that the arrested person may be examined; or
(b)if the arrested person cannot immediately be brought up for examination, give the arrested person into the custody of a Superintendent of Prisons.
(2)  After arresting the arrested person mentioned in paragraph (1), the officer must immediately report to the Court the arrest and, where paragraph (1)(b) applies, the delivery into custody, and apply to the Court to appoint a time for the examination of the arrested person, and the Court is then to —
(a)appoint the earliest practicable day for the examination; and
(b)direct the Superintendent of Prisons to produce the arrested person for examination at the place and time appointed.
(3)  Notice of the place and time appointed by the Court under paragraph (2)(b) must immediately be given by the Registrar to the person who applied for the examination or warrant under section 334 or 335 of the Act.
(4)  Any property in the arrested person’s possession which may be seized must be dealt with in any of the following ways as the Court may direct:
(a)lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it;
(b)kept by the officer seizing it pending the receipt of written orders from the Court as to its disposal.
Warrant under section 370(3) of Act
34.—(1)  A warrant issued under section 370(3) of the Act authorises any officer executing it to seize any property, books, papers or records of the bankrupt in question found as a result of the execution of the warrant.
(2)  Any property, books, papers or records seized under the warrant must be dealt with in any of the following ways as may be directed by warrant:
(a)lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it;
(b)kept by the officer seizing it pending the receipt of written orders from the Court as to its disposal.
Suspension of issue of committal order
35.  Where an order of committal under section 6(3)(b) of the Act is made of a debtor, bankrupt or any other person for failing to obey any order or direction given by the Official Assignee, the Court may direct that the order of committal is not to be issued if the order or direction in question is complied with within a specified time.